BILL NUMBER: AB 89	CHAPTERED  09/07/99

	CHAPTER   331
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JUNE 29, 1999
	AMENDED IN ASSEMBLY   MARCH 10, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 3, 1999

INTRODUCED BY   Assembly Member Cedillo

                        DECEMBER 10, 1998

   An act to amend Section 830.7 of the Penal Code, relating to
arrest.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 89, Cedillo.  Arrest:  public officers.
   Existing law authorizes certain persons who are not peace officers
to exercise powers of arrest if they have completed a specified
training course.
   This bill would extend that authority to  persons regularly
employed as investigators by  the Department of Transportation for
the City of Los Angeles, as specified.  This bill would specify that
these persons are not peace officers for purposes of imposing an
enhanced punishment for the crime of assault and battery committed
against peace officers.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 830.7 of the Penal Code is amended to read:
   830.7.  The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
   (a) Persons designated by a cemetery authority pursuant to Section
8325 of the Health and Safety Code.
   (b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the chief of
police within whose jurisdiction the institution lies.
   (c) Persons regularly employed as security officers for health
facilities, as defined in Section 1250 of the Health and Safety Code,
that are owned and operated by cities, counties, and cities and
counties, if the facility has concluded a memorandum of
understanding, permitting the exercise of that authority, with the
sheriff or the chief of police within whose jurisdiction the facility
lies.
   (d) Employees or classes of employees of the California Department
of Forestry and Fire Protection designated by the Director of
Forestry and Fire Protection, provided that the primary duty of the
employee shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
   (e) Persons regularly employed as inspectors, supervisors, or
security officers for transit districts, as defined in Section 99213
of the Public Utilities Code, if the district has concluded a
memorandum of understanding permitting the exercise of that
authority, with, as applicable, the sheriff, the chief of police, or
the Department of the California Highway Patrol within whose
jurisdiction the district lies.  For the purposes of this
subdivision, the exercise of peace officer authority may include the
authority to remove a vehicle from a railroad right-of-way as set
forth in Section 22656 of the Vehicle Code.
   (f) Nonpeace officers regularly employed as county parole officers
pursuant to Section 3089.
   (g) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and Agricultural
Code.
   (h) Persons regularly employed as investigators by the Department
of Transportation for the City of Los Angeles and designated by local
ordinance as public officers, to the extent necessary to enforce
laws related to public transportation, and authorized by a memorandum
of understanding with the chief of police, permitting the exercise
of that authority.  For the purposes of this subdivision,
"investigator" means an employee defined in Section 53075.61 of the
Government Code authorized by local ordinance to enforce laws related
to public transportation.  Transportation investigators authorized
by this section shall not be deemed "peace officers" for purposes of
Sections 241 and 243.
